Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1321 of 2021 Applicant :- Mukesh Kumar Jha And 2 Others Opposite Party :- Shri Mohammad Mustafa, Labour Commissioner, U.P.
Counsel for Applicant :- Surendra Singh Counsel for Opposite Party :- Praveen Kumar Giri
Hon'ble Prakash Padia,J.
List has been revised. Nobody is present on behalf of applicants.
Heard Shri K. R. Singh, learned Additional Chief Standing Counsel for opposite party and perused the record.
The applicants are before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 27.02.2020 passed in Writ A No.3163 of 2020 (Jogendra Jha Vs. State of U.P. And Others). The order is reproduced hereinbelow :-
"Heard counsel for the petitioner, standing counsel for the State and perused the material on record.
The petitioner has filed the present petition seeking following relief:-
"Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to decide the Statutory Appeal dated 4.11.2019 (Annexure No.10 to the writ petition) of the petitioner, which is still pending before him according to law forthwith."
Considering the limited submission made at the bar, the present petition is disposed off with a direction upon the respondent no.2 to hear and decide the Statutory Appeal dated 4.11.2019, as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order.
The writ petition is disposed off in terms of the above said order. "
Today when the matter is taken up, an affidavit of compliance has been filed by Shri K. R. Singh, counsel for the opposite party, the same is taken on record. In paragraph-5 of the aforesaid affidavit it is stated that an appeal dated 04.11.2019 has been decided by the competent authority namely Additional Labour Commissioner, U.P.) vide order dated 24.03.2021, copy of the same is appended as Annexure-1 to the compliance affidavit. Since the order passed by the writ court has already been complied with, therefore, no cause of action remained survive.
In view of the same, the present contempt application is dismissed as infructuous.
Order Date :- 30.7.2021 Swati